blocked right of way

[watfordfrosty]

we have a right of way across a neighbours field to a bridge onto a block of land, the neighbor has dug a lake and blocked the access with a large bund of soil .the access is clearly stated on the deeds,he fell out over the wind turbines we had built so there is no polite approach,what course of action should i take before spending money on solicitors,is it a council matter or a civil case

 

[Tomr10]

First thing is a recorded signed for letter, wont get any where without it. State in it what you want, evidence and time line. Also what escalation you will take

 

[Surgery]

Civil , council won’t want anything to do with rights of way issues other than on council ground.

 

[multi power]

we have a right of way across a neighbours field to a bridge onto a block of land, the neighbor has dug a lake and blocked the access with a large bund of soil .the access is clearly stated on the deeds,he fell out over the wind turbines we had built so there is no polite approach,what course of action should i take before spending money on solicitors,is it a council matter or a civil case

Can you still get in if you move the bund? Just flatten with loader bucket and carry on

 

[watfordfrosty]

sadly no must be 500t of soil I did tell the digger driver but he must have been told to carry on, its more of a principle thing than the need for acess.but you never know if it will be needed in the future.i suspect he is trying to play silly buggers

 

[multi power]

sadly no must be 500t of soil I did tell the digger driver but he must have been told to carry on, its more of a principle thing than the need for acess.but you never know if it will be needed in the future.i suspect he is trying to play silly buggers

So not simple, but you are right to get it sorted

 

[livestock 1]

I’ve had this a few times. The law is you need to exercise your right of way at least annually to keep hold of your legal right. The owner probably knows this. The police and council will not get involved unfortunately. One party will need to take the other to court to sort it. That could be expensive. If your lovely neighbor had had this planned he will likely have legal indemnity insurance to cover all legal costs. Which makes the job lop sided from the start. Is it too late for you to get cover? Have you got got cover?

 

[Sharpy]

Woild it be possible to drive the right of way in something like an excavator or bulldozer? In very wet weather?

 

[Vincent]

If you don't need the right of way see would the other party be interested in buying you out. If not and you need it and its blocked you may fight your case or just roll over.

 

[ARW]

Your neighbour is obviously a very jealous man to spend all that money moving soil to spite you knowing full well he has to move it again!

 

[chaffcutter]

First step is to find out if this RoW is documented on the Land Registry, it will be on the deeds for his land not yours so you need sight of this before you can try to enforce it, best route is get your solicitor involved from the start.

 

[ricardodba]

Just come across this. The wording of the Transfer/whats registered at the Land Registry is the most important thing here. It will hopefully say something along the lines of "a right of way at all times and for all purposes".

You need to put your neighbour on notice (either via your solicitor or as litigant in person) that you have an easement / right of way which is confirmed by way of Transfer XXXXX - and then copy into your letter, word for word the wording in the Transfer for the right of way in question.

Inform your neighbour that as the Dominant Tenement you have the benefit of the easement and that he, as the Servient Tenement is required to provide you with that right of way and cannot interfere with the same and if the interference is not removed within 28 days of the date of your letter and the right of way continues to be significantly interfered with, then you will pursue a litigation claim of Private Nuisance against him.

If you have legal expenses on your house insurance, then you will most likely be covered for this under the terms for enjoyment of the property and let the insurance deal with it.

You need to do this ASAP.

Hope this helps.

 

[Ffermer Bach]

I’ve had this a few times. The law is you need to exercise your right of way at least annually to keep hold of your legal right. The owner probably knows this. The police and council will not get involved unfortunately. One party will need to take the other to court to sort it. That could be expensive. If your lovely neighbor had had this planned he will likely have legal indemnity insurance to cover all legal costs. Which makes the job lop sided from the start. Is it too late for you to get cover? Have you got got cover?

I believe even with legal indemnity insurance, if you have £50 000 of cover, they will pull the plug once the bill has reached £25 000, as if you lose the case costs against you would be about £25 000

 

[ricardodba]

to keep the legal expenses going the claim needs to maintain a 51% or more position of prospects of success.

Going on the proviso that the Claimant has a right of way granted which is now unusable due to the Defendants actions then no Defendants solicitor is going to let this go anywhere near a Court hearing.

 

[mo!]

Lawyer up quickly.

 

[steveR]

Lawyer up quickly.

Yep, a few quid now could well be money VERY well spent. Have you any legal cover with NFU or TFA?

There are some Solicitors who are very good on RoW, many less so...

 

[steveR]

Civil , council won’t want anything to do with rights of way issues other than on council ground.

Not strictly correct. If it's a private RoW as opposed to a Public RoW then you are right, the Council will not be interested. Public RoW is a Highways matter.

 

[Still Farming]

This has not happened over night.
Why did you not approach from the start.
How long has it been there?
When did you access your land over this ROW ?